18Variation of amounts specified in Schedule 8

18 Variation of amounts specified in Schedule 8

(1) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Minister may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in relation to that year were varied in accordance with that direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied. (2) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Commission may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in respect of that year were varied in accordance with the direction, and, where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied. (3) A direction shall not be given under subsection (1) or (2) with respect to an amount specified in Part I of Schedule 8 opposite to the name of a college of advanced education situated in a State, or with respect to an amount specified in Part II or Part III of Schedule 8 opposite to the name of a State, except at the request of the State. (4) The Commission shall not give a direction under subsection (2) that will have the effect of varying an amount specified in a column of Part I of Schedule 8 opposite to the name of a college of advanced education or in a column of Part II of that Schedule opposite to the name of a State:

(a) if that amount has previously been varied in accordance with a direction given under subsection (1); or

(b) if the amount as so varied would be greater or less, by more than $300,000, than the amount that is specified, or the amount that would, but for any direction or directions previously given under this section, be the amount that is specified, in that column opposite to the name of that State.

(5) A direction shall not be given under subsection (1) or (2) during a year to which this Act applies:

(a) in a case where the direction relates only to amounts specified in Part I of Schedule 8 in respect of that year—that would have the effect of varying the amount in that Part in such a way that, after the variation, the aggregate of the amounts specified in that Part in relation to that year is greater or less than the aggregate of those amounts before the giving of that direction; and